Lobbying

“White Nationalists Dress Up and Come to Washington in Hopes of Influencing Trump” by Lisa Mascaro for Los Angeles Times

“Groups Ease Off Events for Lawmakers Under New Lobbying Law” by James Nord (Associated Press) for The Washington Times

Campaign Finance

“FEC Deadlocks, Won’t Investigate Dark Money Group That Spent All Its Funds On an Election” by Robert Maguire for Center for Responsive Politics

California: “Did Money Buy California Ballot Measure Contests?” by Taryn Luna for The Sacramento Bee

Kentucky: “State Agencies Investigate Political Donations Raised by Tim Longmeyer, Others” by John Cheves for Lexington Herald-Leader

Ethics

“Ethics Watchdog Updates Gift Rules for Federal Workers” by Megan Wilson for The Hill

“A Scramble to Assess the Dangers of President-elect Donald Trump’s Global Business Empire” by Drew Harwell and Anu Narayanswamy for The Washington Post

Arkansas: “Lawmakers File Bills on Ethics, Taxes, Sessions” by John Lyon (Arkansas News Bureau) for The Times Record

Florida: “Convicted Opa-locka City Manager Gets 3 Years in Prison for Taking Bribes” by Jay Weaver and Michael Sallah for Miami Herald

Pennsylvania: “Mastery Charter Schools to Pay $2,000 to Settle City Ethics Complaint” by Martha Woodall for Philadelphia Inquirer

Elections

“Underestimating the Unconventional” by Susan Milligan for U.S. News and World Report

On September 22, Lisa J. Stevenson was named acting general counsel for the Federal Election Commission (FEC).

Stevenson is replacing Daniel A. Petalas, who is leaving the FEC join the Washington, D.C., law firm Garvey Schubert Barer.

Because the FEC has not been able to agree on a general counsel since 2013, the appointments have been designated as acting general counsel.

On September 15, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity.

Federal law prohibits foreign nationals from directly or indirectly making contributions, donations, expenditures, independent expenditures, and disbursements in connection with federal, state, or local elections. FEC regulations also prohibit foreign nationals from directing, controlling, or participating in the decision-making process of any person, such as a corporation, with regards to decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections in the U.S.

Additionally, the FEC was unable to reach an agreement on the creation of a safe harbor for political committees to accept corporate contributions deemed not to have come from foreign national sources.

Two delegates to the 2016 Republican National Convention are permitted to receive free legal services from corporate nonprofit organizations thanks to a legal settlement between the delegates and the Federal Election Commission (FEC).

On July 22, in Two Unnamed Plaintiffs v. FEC, the U.S. District Court for the District of Wyoming issued an order consenting to the settlement between the parties. The case arose from concerns that presidential candidate Donald Trump would bring litigation against those supporting delegate autonomy at the Republican National Convention, according to a press release from Pillar of Law Institute.

Benjamin Barr, lead counsel in the case, believes this settlement provides precedent for future convention delegates, including delegates at this week’s Democratic National Convention. “With this win, conscientious delegates now and for conventions to come are not alone. Non-profit corporations are free to help fund their efforts and donate legal services, breathing new life into the convention process,” said Barr in the press release.

Earlier this month, the Federal Election Commission dismissed complaints against two North Dakota Republican leaders regarding foreign campaign contributions received from a Canadian businessman.

The Federal Election Campaign Act bars foreign nationals from making financial donations in connection with federal, state or local elections.

The politicians claim they accepted the contributions based on incorrect advice received from the North Dakota Secretary of State’s Office. The FEC ultimately dismissed the complaints because the contributions were refunded within the 30-day time period allowed by commission regulations.

Lobbying

Missouri: “Impact of Missouri’s ‘Revolving Door’ Lobbyist Law Questioned” by Jason Hancock for Kansas City Star

Campaign Finance

“Despite Recommendations, FEC Won’t Pursue Charges that Murray Energy Coerced Campaign Donations from Employees” by Sabrina Eaton for Cleveland Plain Dealer

“NRA to Pay $15,000 for Breaking State Campaign-Finance Rules” by Joseph O’Sullivan for Seattle Times

Virginia: “Officials: Federal prosecutors investigating Virginia Gov. McAuliffe” by Matt Zapotosky for Washington Post

Ethics

“Facebook Says an Investigation Found No Evidence of Bias in a News App” by Mike Isaac for New York Times

“NFL Tried to Influence ‘Unrestricted’ Research Gift, Congressional Report Says” by Rick Maese for Washington Post

Massachusetts: “Legislature Poised to Pass Public Records Measure” by Joshua Miller for Boston Globe

Elections

“Getting a Photo ID So You Can Vote Is Easy. Unless You’re Poor, Black, Latino or Elderly.” by Sari Horwitz for Washington Post

“Democrats Are Gay, Republicans Are Rich: Our stereotypes of political parties are amazingly wrong” by John Sides for Washington Post

“Reeling from 2016 Chaos, G.O.P. Mulls Overhaul of Primaries” by Jeremy Peters for New York Times

On April 14, the Federal Election Commission (FEC) considered a motion to open a rule-making concerning whether to require entities accepting political contributions from corporations to verify those corporations are associations of United States citizens who are eligible to contribute. Commissioner Ellen L. Weintraub had previously submitted the motion contending there is “no framework in place to assist entities accepting political contributions or making independent expenditures and electioneering communications in complying with existing law.” Federal law prohibits foreign nationals from making political contributions and expenditures. Federal contractors are also prohibited from making certain political contributions and expenditures.

The commission also discussed a motion for rule-making regarding political funding from foreign nationals. The motion asks the commission to make a regulation requiring those making independent expenditures to certify no resources owned or controlled by foreign nations were used. The FEC has tentatively scheduled to meet at the FEC headquarters on June 23 to discuss corporations and foreign money.

On March 31, the Federal Election Commission may consider a motion to open a rule-making concerning whether to require entities accepting political contributions from corporations to verify those corporations are associations of United States citizens who are eligible to contribute.

On March 24, Commissioner Ellen L. Weintraub submitted the motion contending there is “no framework in place to assist entities accepting political contributions or making independent expenditures and electioneering communications in complying with existing law.” Federal law prohibits foreign nationals from making political contributions and expenditures. Federal contractors are also prohibited from making certain political contributions and expenditures.

Weintraub is further requesting the commission direct the Office of General Counsel to draft a rule-making document requiring those making independent expenditures and electioneering communications certify resources used are not owned or controlled by foreign nationals.

Today, U.S. Sen. Tom Udall is introducing the Federal Election Administration Act, a bill intended to replace the Federal Election Commission. The legislation is supported in letters to U.S. Senators from several reform groups, including the Campaign Legal Center, Common Cause, Democracy 21, Issue One, People for the American Way, Public Citizen, Rootstrikers, and U.S. PIRG. According to the letter, a five-member Federal Election Administration will be created to enforce election laws and “will consist of a chairman and four other members, all of whom are to be appointed by the president, with the advice and consent of the Senate.” No more than two members of the agency can be from the same political party. The letter can be found here.

The Federal Election Commission (FEC) has updated some of its disclosure forms required by PACs, political parties, and campaigns. Specifically, the FEC has added a “memo item” box to Forms 3, 3P, and 3x. Formerly, committees would routinely write the phrase “memo item” on the form. The new box, which the FEC hopes increases “reporting clarity”, can be used to report supplemental  information and the expense amounts not included in the line item total, such as reattributions, reimbursements, and certain credit card transactions. The FEC believes the new box will shorten document processing time and allow public access to disclosed data faster, according to the FEC’s press release.

The U.S. Court of Appeals for the D.C. Circuit has reversed a lower court ruling and rejected the challenge from Maryland Rep. Chris Van Hollen (D) concerning a Federal Election Commission (FEC) rule about reporting of electioneering communications or advertisements picturing or naming candidates within 60 days of an election. In doing so, the federal appeals court upheld the FEC rule requiring public reporting only of donors who earmark contributions for the ads.

Van Hollen and other campaign finance disclosure advocates argued the rule was too narrow and did not conform to a 2002 law prohibiting “soft money” in federal elections.

On October 29, the Federal Election Commission (FEC) will make public a new version of the FEC website. The beta version being unveiled will be a functioning prototype in its first stage of development, according to an FEC press release. The FEC will be asking for public feedback on the new website, which will also include new search functions and improved access to legal materials. A link to the beta version will be available on the Commission’s existing website.

The Federal Election Commission (FEC) is seeking public comment on new campaign finance regulations addressing disclosure of independent expenditures and electioneering communications. The FEC is also seeking comment on new rules addressing solicitations of corporate and labor organization employees and members, independence of expenditures made by independent expenditure-only political committees and accounts, and election-related spending by foreign nationals.

Comments may be submitted electronically at http://www.fec.gov/fosers, referencing REG 2015–04, and must be submitted on or before October 27, 2015.

Last week the U.S. District Court of Appeals for the District of Columbia unanimously upheld the constitutionality of the law barring contractors from contributing to candidates, parties, and candidates’ and parties’ committees.

Plaintiffs had challenged the constitutionality of 52 U.S.C. § 30119(a)(1), which prohibits any vendors with contracts with the federal government from making political contributions to federal candidates or political parties. In Wagner v. Federal Election Commission, the plaintiffs had asked the court to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies.

Because federal workers who are not contractors may make federal political contributions while contractors performing the same work may not, the suit argued the law violates both the Equal Protection Clause of the Constitution and the First Amendment.